It is possible to make a claim for clinical negligence in certain circumstances. It may be that something has gone wrong during surgery, a condition has not been diagnosed in time or has been misdiagnosed, or something has gone wrong during childbirth.
Whether a claim for clinical negligence can be successfully brought is a more difficult question to answer, particularly at the outset. It will depend on whether an independent medical expert is prepared to state that the medical treatment provided, or not provided, was negligent, and whether any negligence which can be proved has caused some harm.
What Evidence Do I Need To Prove Breach Of Duty?
Firstly, it must be shown that the treatment is negligent and is what we refer to in law as a breach of duty. In other words the treatment fell below a reasonable standard. After obtaining your detailed account of your treatment and a full set of medical records, a medical expert practising in the same area of medicine, will be approached to review these documents and provide an expert opinion on whether the treating doctor did breach their duty of care to you. The expert instructed will be carefully selected based on their expertise and to ensure there is no conflict of interest.
How Do I Prove That Breach Of Duty Has Caused Loss?
It is often necessary to obtain reports from more than one expert discipline to prove causation; i.e; the breach of duty has caused you an injury. In some cases, this can be straightforward but in a lot of cases it is often the more difficult aspect of the case to establish. It is not always easy to show that the negligence caused the injuries complained of.
If I Can Prove Loss Has Been Caused, What Can I Claim?
As well as recovering compensation for any additional injury caused due to the identified negligence, it is also possible to claim for expenses, such as loss of earnings, paid care, or care provided by family members, travel expenses, medication costs and any other expenses which have been paid out as a result of the negligence.
Is There A Time Limit To Make A Claim?
There are strict time limits for pursuing these cases and you should seek advice without delay if you consider that something has gone wrong with the treatment you have received. If you fail to do so, you could find that your claim is out of time.
How Can Timms Help?
Proving a claim for clinical negligence is difficult and requires expert legal advice from the outset. Timms has a specialist team of Clinical Negligence Solicitors who will offer support and guidance from the outset, whilst at the same time providing realistic and practical advice.
You should not hesitate to contact us on 0800 011 6666 or at legal@timms-law.com for a free initial conversation about whether you may have a claim.
